Chapter IV PREVENTION, DETECTION AND INVESTIGATION

1. (1) Any Excise & Narcotics or Police Officer not below the rank of Assistant Sub-Inspector who has reason to believe, from personal knowledge or from information received from any person that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereunder is kept or concealed in any house, building, shop, tent, vessel, raft, vehicle, land or place may at any time between sunrise and sunset –
   • (a) enter into any such house, building, shop, tent, vessel, raft, vehicle, land or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry;
   • (b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or other articles which may furnish evidence of the commission of the offence;
   • (c) detain, search and arrest any person whom he as reason to believe to have committed an offence against this Act relating to liquor, material, utensil, implement or apparatus;
   • (d) may employ breathalyzer or as such device for proof of alcohol consumption. If any person resist the use of such device, it shall be presumed that he has consumed liquor and charged accordingly. Any test result or report of such device shall be admissible as evidence in the court. Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facilitate the escape of an offender, he may after recording the grounds of his belief, enter and search such house, building, shop, tent, vessel, raft, vehicle, land or place at any time between sunset and sunrise.
2. (2) When an officer received any information he shall, within 48 hours, send a copy thereof to his immediate official superior.

Any Officer of Excise & Narcotics and Police Departments referred to in sub-section

1. (1) of Section 25 of this Act may, without warrant –
2. (1) seize, in any public place or in transit, any liquor, material, utensil, implement or apparatus in respect of which he has reasons to believe that an offence punishable under this Act or the rules made thereunder, has been committed, and along with it, any document or other article which may furnish evidence of the commission of the offence, and
3. (2) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act.

Any magistrate of the first class may issue warrant of arrest of any person whom he has reason to believe to have committed an offence punishable under this Act or the rules made thereunder or for the search, whether by day or by night, of any house, building, shop, tent, vessel, raft, vehicle, land or place in which he has reason to believe that any liquor, material, utensil, implement or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed.

1. (1) Any officers of the rank of Assistant Sub-Inspector and above in the department of Excise & Narcotics and Police shall have the powers of an Officer-in-Charge of Police Station for the purposes of investigation and prosecution of offences under this Act.
2. (2) Save as otherwise as expressedly provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act and the rules made thereunder.

Every Officer of the Government, every member of a Village Council, a Local Council and a Village Defence Party shall be bound to give immediate information to the nearest Excise & Narcotics or Police Station of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to his knowledge.

Any private person or persons or group of individual or members of Non-Governmental Organisations may arrest or cause to be arrested any person who in his/their presence commits a non-bailable and cognizable offence under this Act, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to the Excise & Narcotics or Police Officer, or, in the absence of the Excise & Narcotics or Police Officer, take such person or cause him to be taken in custody to the nearest Excise & Narcotics Station or Police Station.

Punishment for vexatious search, seizure or arrest. Any officer or person exercising powers under this Act, who,

1. (1) maliciously enters or searched or causes to be entered or search any house, building, shop, tent, vessel, raft, vehicle, land or place or similar dwelling place or,
2. (2) vexatiously and unnecessarily seizes the property of any person in the pretence of seizing or searching for anything liable to confiscation under this Act or,
3. (3) vexatiously, unnecessarily detained, searches or arrests any person or,
4. (4) in any other way maliciously exceeds or abuses his lawful powers; on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.

Landlords and other to give information. Every person who owns or occupies any land or building, or who is a landlord of an estate and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which there has been any unlawful manufacture of any liquor or any owner of a vessels or vehicle in which liquor is manufactured or carried shall in the absence of reasonable excuse, be bound to give notice of the same to the Excise & Narcotics or Police officer immediately after the same have come to his knowledge.

Report of arrest and seizure Report of arrest and seizure. Any officer making an arrest or seizure under this Act shall, within twenty-four hours of such seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate official superior, and produce the arrested person before a magistrate.

Appointment of departmental officer as expert Appointment of departmental officer as expert. The state Government may appoint an officer or a class of officers in the Excise & Narcotics

Excise & Narcotics and Police custody of articles seized Excise & Narcotics and Police custody of articles seized.

1. (1) Officer-in-Charge of Excise & Narcotics or Police Station shall take charge of and keep in safe custody all articles seized under this Act and brought or delivered to them as the case may be.
2. (2) All samples so taken shall be sealed with the seal of the Officer-in-charge of the Excise & Narcotics or the Police Station as the case may be.
3. (3) Any Excise & Narcotics Station shall deem to be a Police Station as mentioned in clause of Section 2 of Criminal Procedure Code, 1973 for the purpose of investigation and prosecution of offences under this Act.